Posted on 04/10/2023 8:57:28 AM PDT by Enterprise
And THEN some!
Bump!
The mediots are on the sidelines in cheerleader outfits.
Not only that, what these indictment presuppose, is that
at all times, Trump is responsible for what any employee of
his did.
Whatever or however they chose to do things, it is calculated
that they just got off the phone and then followed Trump’s
exact orders.
This is total nonsense.
This is the actual law on the issue:
https://www.nysenate.gov/legislation/laws/CPL/30.10
4. In calculating the time limitation applicable to commencement of a
criminal action, the following periods shall not be included:
(a) Any period following the commission of the offense during which
(i) the defendant was continuously outside this state or (ii) the
whereabouts of the defendant were continuously unknown and continuously
unascertainable by the exercise of reasonable diligence. However, in no event shall the period of limitation be extended by more than five years beyond the period otherwise applicable under subdivision two.
I’m not a lawyer, but I think, based on this, Bragg can conceivably extend the statute of limitations to include ALL periods of time in which Trump’s whereabouts were either outside of the state or generally not known to be within the state. But the maximum amount of cumulative time that can be added is 5 years. The statute of limitations for a felony is 5 years. So, to ensure the time has expired it would need to be demonstrated that Trump spent at least 5 years in New York (secretly would not count) since the payment before the 2016 campaign.
I think there is an equal protection claim here, but otherwise, the time limit extension may be allowed.
I guess that's why the misdemeanors became felonies. smh
“I would take the side that the Constitution would come in to play with the defendant having the right to a speedy trial unless the defendant waives that right.”
So the issue of speedy trial comes after a defendant is charged. It doesn’t have anything to do with statutes of limitation.
“that is an ipso facto change and wouldn’t affect the past.”
If you mean ex post facto, that is incorrect. A legislature cannot reinstate an already-expired statute of limitations for a criminal charge (though it can for civil lawsuits as we’ve seen in NY with things like child abuse lawsuits), but it can extend those that have not yet expired.
“Since the State Legislature is the body of government that makes the laws, how does a Governor get to change the time on a statute of limitations without approval of the New York State Assembly and Senate?”
New York Executive Law, Section 29-A, provides “Subject to the state constitution, the federal constitution and federal statutes and regulations, the governor may by executive order temporarily suspend specific provisions of any statute, local law, ordinance, or orders, rules or regulations, or parts thereof, of any agency during a state disaster emergency, if compliance with such provisions would prevent, hinder, or delay action necessary to cope with the disaster.”
This is the statute he relied upon to extend the statute of limitations during covid. Courts have upheld his suspension of the statute of limitations, at least in the civil context.
A man-made state disaster emergency. What a bunch of hooey!
extension of statute of limitatopns for covid only applied to civil cases not criminal...
So when is the judge going to dismiss the case?
Well that's interesting. Thanks for the info!
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